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Legislative Implementation of Flexibilities - Lebanon

Title:Article 36 of the Law on Patents of Invention No. 32 for the Year 1999(as last amended by Law No. 71 of 2001)
Field of IP:Patents
Type of flexibility:Transition periods
Summary table:PDF

Provisions of Law

Article 36

A. Patents of invention shall be granted for manufacturing and chemical processes relating to chemical products, pharmaceuticals and foodstuffs.

B. After the enforceability date of this law, it shall be permissible to file patent applications for registering inventions involving the protection of final products for chemicals relating to pharmaceuticals or medicines or foodstuffs.

C. Deciding the applications referred to in the previous paragraph (B) shall only be made after the enforceability date of this Article.

D. Without prejudice to the provisions of any other law, the Minister may grant the applicant for a patent registration the exclusive right to market the chemical products relating to medicines or pharmaceuticals or foodstuffs covered by the patent subject for five years or until the date of patent grant or rejection whichever is shorter if the following takes place after the enforceability date of this Article:

1. Filing an application for obtaining a patent of invention in the Kingdom relating to the products mentioned in this Article.

2. Filing an application for an invention patent in another country member of the World Trade Organization and the patent has been granted.

3. Granting a permit for marketing the product in the other country.

4. Granting a permit to register the medicine in the Kingdom by the Ministry of Health.

E.1. The provisions of paragraphs (C) & (D) of this Article shall come into force after the elapse of one month as of the Cabinet's decision to do so, within 3 years as of the date of Jordan's joining the World Trade Organization.

2. In case of non-issuance of the decision referred to in item (1) of this paragraph, the provisions of the said two paragraphs shall come into force under the law when the 3-year period elapses.

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